손해배상(기)
1. All of the plaintiffs' claims filed against the Defendants that were changed in exchange in this court are dismissed.
2. Appeal.
1. Basic facts
A. The relevant Plaintiffs are married couple, and Defendant C and D are children of Defendant E.
B. Change in rights to L land 1) On June 24, 2004 with respect to the shares of Plaintiff B (1,652.9/28,849) (1,652.9/28,849), Defendant C (1,32.32/28,849), N, P (1,157.68/28,849), P (1,157.68/28,849) on April 19, 2004, the share transfer registration was completed under the name of Plaintiff B (1,652.9/28,849) on the shares of Plaintiff B (30.58/28,49) on May 10, 205, the share transfer registration was completed under the name of Plaintiff C (1,652.30.38/28,49) on the shares under the name of Plaintiff B, 308/2849, Q2985/2985,2984, respectively.
3) As to the shares subject to Defendant C (1,322.32/28,849 A), the registration on November 26, 2007 was cancelled on August 23, 2005, when the establishment registration of a mortgage was completed in the vicinity of the maximum debt amount of KRW 59 million under the name of P on August 23, 2005.
B) On November 14, 2007, the amount of KRW 650,00 square meters of V forest land in Eunpyeong-gu Seoul on November 14, 2007 was divided and transferred to Seoul Special Metropolitan City on December 11, 2007 due to consultation on public land, compensation was paid in KRW 73,217,126 for the shares of Defendant C. Of them, KRW 50,000 was paid to P and the remainder KRW 23,217,120 was paid to Defendant C. c.) as above, the registration of creation of a mortgage over the remaining shares of Defendant C transferred to Seoul Special Metropolitan City was completed in the name of W on September 11, 2008.
Afterward, W received the decision of permission for sale from the voluntary auction procedure (Seoul Western District Court X) that was in progress with respect to the above shares, W paid in full the price of 150 million won on February 4, 2010, and completed the registration of ownership transfer on February 12, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 4-2, Gap evidence 24-1, 2-2, the purport of the whole pleadings
2. Determination on the plaintiffs' request for change
A. The plaintiffs alleged by the Defendants have changed their claim in exchange for each other in this court.